Death of brother with no will and no children, property was originally owned by parents of deceased and siblings. What is kin other than wife entitled
Question Details: Farm originally owned by parents of 6 kids. One son and wife moved into residence approx. 1977. The property was deeded to just him in 1970. He passed away in 2009 and had no will. Does his spouse have legal claim to all properties and possessions. They had no children. Some of the items are belongings to the 5 siblings are still at the residence. Or are the remaining siblings entitled to a portion of the estate?
Wills, Trusts, Probate Law Answers
Personal property, not part of the land, that is on the property, that belongs to the other siblings, is still their property. The problem will be proving their ownership, in the face of having left whatever-it-is on the farm for more than 20 years of the now-deceased son's ownership and possession of the farm.
Under the Alabama intestate laws, since the son who had the farm and passed away had no children, his entire estate goes to his spouse.
There is a very, very small chance that some unique facts could create some sort of equitable claim for the siblings, but I would very much counsel against getting your hopes up, especially after all these years.
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